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Your Rights and the

Florida Mental Health Act

(The Baker Act)

 

The Florida law covering both voluntary and involuntary

treatment is Chapter 394 of Florida Statues - known as

the Florida Mental Health Act or the Baker Act.

 

Florida law encourages people with mental illnesses to

seek treatment voluntarily and to choose the type of

treatment needed. But Florida law recognizes that some

people with mental illnesses may need to be involuntarily

admitted for evaluation and treatment.

 

The Baker Act outlines a bill of rights for the person who

is mentally ill, provides a system of due process for

persons receiving services in designated mental health

facilities, and creates a system of community-based acute care services.

 

A receiving facility is the central reception point for individuals

who appear to need emergency mental health

care. The receiving facility must ensure that persons

receive needed services in the least restrictive setting and

in the least intrusive manner. Consequently, receiving

facilities must ensure that persons are not inappropriately

admitted to community or State hospitals.

 

Under the Baker Act, no one can be admitted to a State

hospital without first being screened by a community

mental health center or clinic which must certify that State

hospital admission is the most appropriate placement for

the individual.






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